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CHANDRA DHARI SINGH
Ircon International Ltd. – Appellant
Versus
Afcons Infrastructure Ltd. – Respondent
JUDGMENT :
CHANDRA DHARI SINGH, J.
The instant petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter “The Act, 1996”) has been filed on behalf of the petitioner seeking the following reliefs:
b. Stay the execution, operation and implementation of the Impugned Award dated 05.03.2019 passed by the Ld. Arbitral Tribunal during the pendency of the present petition;
c. Pass ad-interim relief in terms of prayer clause ‘b’ above;
d. Cost of the proceedings may also be awarded in favour of the petitioner;
e. Pass such other or further orders as this Hon'ble Court may just deem fit and proper in the facts and circumstances of the present case.”
FACTUAL MATRIX
2. The petitioner is a Government Company incorporated by the Central Government (Ministry of Railway) under the Companies Act, 1956 on 26th April 1976, originally under the name of Indian Railway Construction Limited, having its registered office at Pa
The main legal point established in the judgment is the limited scope of interference with an Arbitral Award under Section 34 of the Arbitration and Conciliation Act, 1996, and the requirement for th....
The limited scope of intervention by Courts in arbitral awards under Section 34 of the Arbitration and Conciliation Act, emphasizing the need to satisfy specific grounds for setting aside an arbitral....
The main legal point established in the judgment is the narrow scope of interference with an Arbitral Award under Section 34 of the Act, 1996, and the emphasis on reasonableness, natural justice, and....
Limited intervention of the Courts in arbitral proceedings is intended by the legislature. An Arbitral Award may only be set aside if it is patently illegal, against the public policy of India, based....
The scope of interference with an Arbitral Award under Section 34 of the Arbitration and Conciliation Act, 1996 is fairly limited and narrow. The Courts shall not sit in an appeal while adjudicating ....
Limited grounds for setting aside an arbitral award under Section 34 of the Arbitration Act and the Court's reluctance to re-adjudicate disputes on their merits.
The limited grounds for interference with an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996, emphasize the concept of patent illegality and the criteria for setting asi....
Limited scope of interference and intervention by a Court in an Arbitral Award.
The scope of interference by courts in an Arbitral Award under Section 34 of the Arbitration Act is limited. Courts will not interfere with an award unless it is patently illegal, against public poli....
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